The Gomeroi Nation has won their Native Title appeal against the Santos Narrabri Pilliga Gas Project, creating a precedent that could change all future Native Title claims. 

The Federal Court decided on Wednesday, 6 March 2024, that Greenhouse Gas Emissions from the notorious Santos project weren’t adequately assessed in light of the Gomeroi Native Title claim. 

The court found that the negative impact of the project on climate change would fundamentally disrupt the rights of the Gomeroi people under their Native Title claim.

While opponents applaud the decision and call for Santos and the NSW Government to walk away from the controversial project, Santos say they will await clarity on the next steps they can take towards making their final investment decision.

Local Gomeroi woman Suellyn Tighe said that the ruling is not only a relief, but could be a game changer for Indigenous owners fighting to protect their own nation. 

“You hope and pray for a decision, and then when it comes it’s even more of a surprise,” Ms Tighe said. 

“At this point, (the project) can’t proceed. We’re all hoping that will remain the case.”

The ruling in favour of the Gomeroi Nation means that climate change is more heavily considered in the case of Native Title claims. 

“If that starts at the Gomeroi Nation and spreads to other nations and Aboriginal people going through the same sort of trauma we’re going through, fighting to protect the country…that’s great,” Ms Tighe said. 

Gomeroi women SueEllen Tighe and Polly Cutmore. IMAGE: Georgina Woods

In the appeal process, the Federal Court found that the Native Title Tribunal fell into legal error by dismissing the expert evidence of the late Professor Will Steffen, a well-respected climate scientist.

“We’d like to acknowledge professor Will Steffen, who has passed away, for his efforts in helping Gomeroi to protect their country,” Ms Tighe said.

While the Gomeroi people are celebrating, Ms Tighe said they are ready to continue their fight if need be. 

“It’s not the end of the road, we've hit a junction. That may be great for us…or maybe we just get back on the treadmill again.”

“I’m just hoping that state and federal governments see this and say it’s time to walk away, because they’ve supported Santos with this project both politically and within the legal system.”

In a statement, Santos said that the Court did not make any findings in relation to Santos’ conduct.

“The Court’s orders regarding next steps are yet to be made,” the statement read.

“Santos will continue to engage constructively with the Gomeroi people and work closely with them to ensure their heritage is protected and they benefit from the project development, including through training and employment, and involvement in all aspects of cultural heritage protection and management.” 

“Santos will also continue to work through land access, native title, pipeline licensing and remaining environmental approvals processes to get Narrabri and the Hunter Gas Pipeline ready for a final investment decision.”